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Bombay High CourtCA/10499/2017delay condonatedrejected

Sushilabai Kashinath Deshmukh (Patil) And ORS v. The United India Insurance Co. Ltd. Thr Authorized Officer, Aurangabad And ANR

2023-08-10Hon'Ble Shri Justice Sandipkumar C. More2 pages

949-CA-10499-2017

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO. 10499 OF 2017 IN FIRST APPEAL (ST) NO. 18953 OF 2017 SUSHILABAI KASHINATH DESHMUKH (PATIL) AND OTHERS

VERSUS

THE UNITED INDIA INSURANCE COMPANY LTD THR AUTHORIZED OFFICER AURANGABAD AND ANOTHER ...

Mr. M.M. Bhokarikar - Advocate for Applicants Mr. A.B. Gatne - Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 10th August, 2023 PER COURT :

1.

Heard rival submissions.

2.

The applicants are seeking condonation of delay of 2088 days, which appears to be caused due to their poor financial condition.

3.

The learned Counsel for the respondent No. 1 - Insurance Company strongly opposed the application on the ground that, there is no reason for such inordinate delay mentioned in the application.

Pooja K.

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949-CA-10499-2017 4.

However, considering the statutory right of the applicants and for the reasons stated in the application, the application is allowed and the delay of 2088 days in this application stands condoned subject to condition that, the applicants shall not be entitled for claiming any interest for the period of aforesaid delay.

5.

The appeal be placed for admission after removal of office objections, if any.

6.

The application is accordingly disposed of.

[ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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